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Peter Griesch
Peter Griesch,
Category: Tax
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My divorce was final in indiana last week. the decree stated

Customer Question

my divorce was final in indiana last week. the decree stated that we file our taxes jointly; but i have found out that he deliberately took a substantial amount of money out of his retirement and didn't withhold taxes even though he knew the tax consequences. according to the accountant, this was not like him. she informed me that had we filed married, but separate, I would have received a refund and he would have had to pay more than $2500. since i have yet to sign the tax return, can i still file married but separate even though the divorce decree says we will file jointly? he also stuck me with credit card debt of over $100,000 I was unaware of. I ended up paying 1/2 of that but do not want to get stuck paying for anymore of his con games.
Submitted: 8 months ago.
Category: Tax
Expert:  Peter Griesch replied 8 months ago.
Thank you for your inquiry. You have a few options.If you just file separately, you'll be violating the court's order. You don't want to do that.
Instead, you should request an extension of time to file your federal return (form 4868), and request that the court modify the order to allow you to file separately. If the court refuses to allow you to file separately , you can file jointly, and then file with the IRS a request for innocent spouse relief (form 8857), which will ask the IRS to not hold you liable for your husband's portion of the withdrawal tax, thus entitling you to a refund.Obviously, the order modification is preferred.